Subscription Models Agreement

1. These Terms
   1. The following are the terms agreed between us and you with respect of the use of any of the digital content supplied from us through our subscription models purchased through our website, www.inifnitesamples.com. 
   2. Please read these terms carefully. These terms tell you who we are, how we will provide digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 
2. About us
   1. Infinite Samples Ltd (we/us) is a company registered in England and Wales with company registration number 12863736 and with registered office at 7-9 The Avenue, Eastbourne BN21 3YA. We own the samples which are sold through the subscription models on our website and this licence details how you may use the samples or any part of them, together with the terms and conditions.
3. Subscription Models
   1. The following subscription models are available for purchase through our website (https://subscription.infinitesamples.com) and each contains different rights to the digital content supplied through each subscription:
      1. 3.1.1.Freelancer Pro: Professional, individual freelancers not employed by or operating through a company nor associated with any company or corporate;
      2. 3.1.2.Company: Small to medium sized companies with revenue below £10,000,000.00 per annum; and
      3. 3.1.3.Corporate: Corporate organisations with revenue over £10,000,000.00 per annum / Custom plan be that an individual companies or cumulatively as part of a group. 
      4. 3.1.4.If you need to change from one plan to another (for example Freelancer to Company) note that you will need to subscribe for a new account and redownload any samples for the new use you require in accordance with the terms of this End User Licence. If you are changing from a company to corporate subscription model, then please contact us to discuss your options.
4. Registration
   1. To register for one of the subscription models, you agree to provide us with accurate and complete information when you register a user account with us, and you agree to update your user information in order to keep it accurate and complete. 
   2. You agree to regularly change your password to access your user account in order to maintain the security of your user account and personal information. 
5. Rights in the Digital Content
   1. We own and/or control all necessary rights in the digital content throughout the world. 
   2. All digital content and any part of them remain our property and only licensed to you as the original end-user subject to the provisions of this licence agreement. For the avoidance of doubt you cannot register any samples downloaded individually for your name on YouTube or any other platform.
   3. You agree and acknowledge that we may, from time to time, modify the digital content by issuing updates and make new features, functionality, applications or tools available in respect of the digital content. For the avoidance of doubt anything already downloaded may be kept and used but any other samples may change, without notice.
6. Use of digital content
   1. The digital content supplied through the subscription models to you may be included as music as per the rights granted under this licence.
   2. No person, company or other organisation shall have the right to use any of the sounds or part of the sounds from any samples  or part of them, downloaded from our website to train any Artificial Intelligence model. 
7. Freelancer Pro
   1. If you have purchased a Freelancer Pro subscription, then you will have the following rights only:
      1. A non-exclusive licence to use digital content for individual freelancer use;
      2. For professional use, digital content will be linked and watermarked to creative’s individual name in a freelance capacity who is not associated and not employed full time by a company; 
      3. 25 credits per month to use towards purchasing digital content;
      4. Freelance use of music and sound effects;
      5. Commercial, client work, sync, paid ads/film/trailers, and/or promotions, sponsored podcasts and broadcast distribution;
      6. All streams and downloads will be watermarked and linked to user accounts, subscription plan you have chosen and/or IP addresses;
      7. All downloaded sounds will be available for lifetime projects, based on relevant user plan / licence at the time of download;
      8. Account access and credit balances exist only for active subscriptions; and
      9. Digital content will be compatible with all software including Logic, Ableton, Final Cut etc and our accompanying Kontakt Sampler ‘The Abyss’.
8. Company
   1. If you have purchased a Company subscription, then you will have the following rights only:
      1. A non-exclusive licence for small to medium sized companies with revenue below £10,000,000.00 per annum;
      2. For professional use, digital content will be linked and watermarked to company names, user account, subscription plan you have chosen and/or IP addresses;
      3. 60 credits per month;
      4. Company use of samples (agencies, teams, brand organisations, products, and platforms);
      5. Commercial, client work, sync, paid ads and promotions, sponsored podcasts and broadcast distribution;
      6. All streams and downloads will be watermarked and linked to user accounts and watermarked to company names, user account, subscription plan you have chosen and/or IP addresses;
      7. All downloaded sounds will be available for lifetime projects, based on relevant user plan / licence at the time of download;
      8. Account access and credit balances exist only for active subscriptions; and
      9. Digital content will be compatible with all software including Logic, Ableton, Final Cut etc and our accompanying Kontakt Sampler ‘The Abyss’.
   2. If have purchased a Company or Corporate subscription model, you shall immediately disable any employee’s access to the digital content supplied under the subscription model upon the employee ceasing employment with the company or being suspended from the company on a temporary basis and indemnify us and keep us indemnified against such person using any of the digital downloads in breach of this licence.

1. Corporate
   1. If you have purchased a Corporate subscription, then you will have the following rights only:
      1. A non-exclusive licence for companies with revenue above £10,000,000.00 per annum;
      2. For professional use, digital content will be linked and watermarked to company names, user account, subscription plan you have chosen and/or IP addresses;
      3. Credits to be determined and agreed before you sign up to the subscription with us on a case by case basis;
      4. Company use of samples (agencies, teams, brand organisations, products, and platforms);
      5. Commercial, client work, sync, paid ads and promotions, sponsored podcasts and broadcast distribution;
      6. All streams and downloads will be watermarked and linked to user accounts and watermarked to company names, user account, subscription plan you have chosen and/or IP addresses;
      7. All downloaded sounds will be available for lifetime projects, based on relevant user plan / licence at the time of download;
      8. Account access and credit balances exist only for active subscriptions; and
      9. Digital content will be compatible with all software including Logic, Ableton, Final Cut etc and our accompanying Kontakt Sampler ‘The Abyss’.

1. Company and Corporate Subscription Model Obligations
   1. 10.1.If have purchased a Company or Corporate subscription model, you must:
      1. 10.1.1.immediately disable any employee’s access to the digital content supplied under the subscription model upon the employee ceasing employment with the company or being suspended from the company on a temporary basis; and
      2. 10.1.2.maintain a written, up-to-date list of the employees and staff members of the company who have access to the digital content supplied through the Company or Corporate subscription models. Such a list must be provided to us within 5 Business Days from the date of our written request.
2. Licence use
   1. 11.1.When you purchase one of our subscription plans, that will constitute a contract between you and us which will be governed by these terms.
   2. 11.2.By providing your payment details, you agree and acknowledge that that we may begin charging you for your chosen subscription model on the date of purchase on a monthly basis. If you do not want to pay this charge, you will need to cancel you subscription plan before the next billing date. 
   3. 11.3.You acknowledge that we may make changes to our subscription models at any time and also vary or terminate our subscription models from time to time. We will inform you in advance of any such price or model change and how they will affect your plan and payments. 
   4. 11.4.In all the above cases of subscription models and whether the subscription plan is continuing has been terminated, suspended or otherwise cancelled, the licence is a non-exclusive, non-sublicensable, non-transferrable licence for download and has the following rights:
      1. 11.4.1.the right to include and synchronize the digital content on the soundtrack of any music productions (including films, video productions, radio/tv programs, commercials, computer games, multimedia presentations, library music, performances and other musical purposes within musical digital content) (“Music Productions”) providing it is in combination with other sounds and to exploit Music Productions throughout the world by means of any and all linear media now known or hereafter devised including, but not limited to:
         1. 11.4.1.1.all kinds of theatrical and non-theatrical exhibition, videogram exploitation (including, without limitation, by means of DVD, video on demand and so-called so SVOD, NVOD and download-to-own;
         2. 11.4.1.2.by means of all forms of telecommunications networks whether via electronic, wireless, cable, fibre optic or other means and any interactive or cable systems including but not limited to the internet (including broadband) whether by streaming, downloading or other methods of delivery; and
         3. 11.4.1.3.all kinds of free, basic, pay-per-view, satellite, cable and all and any other forms of television exhibition and by means of public exhibition in commercial, non-commercial and educational institutions. 
      2. 11.4.2.the right to include the digital content both in context on all trailers, advertisements and other advertising and promotional materials (including electronic press kits) and all “making of” programmes created in connection with the production and exploitation of a film, including a dedicated website for any Music Production;
      3. 11.4.3.the right to use the digital download personally, in its whole form and providing you do not resell it, transfer it, allow anyone else to redownload it and only use it on two devices which you personally own, you will not rent, lease, sub-licence, loan, copy it, provide or otherwise make available and/or repackage it as a new digital download or via any other method. You are not permitted to download the digital content onto any device not owned by you; 
      4. 11.4.4.the right to use the whole or part of the digital downloads as part of your digital content in conjunction with other sounds and you will own the copyright to the new works created as a whole but for the avoidance of doubt you will not own the copyright of the individual sounds used from within the digital content and will only ever have the non-exclusive licence to use the digital content subject to the terms and conditions and licence provisions of this agreement;
      5. 11.4.5.If you are filmmaker only and registered as a cue, the right to use the sounds in isolation in the context of a film edit only as SFX but only in the context of film audio and absolutely nothing else i.e. a drone can be used in isolation on a film but it cannot be released as soundtrack in isolation.
   5. 11.5.You cannot use the digital content or any part of it save as provided for in this clause 11 and by way of example only you must not (without the prior written consent of us):
      1. 11.5.1.reproduce, duplicate, copy, sell, transfer, distribute, allow any other person (whether a company, partnership individual or any organisation) to use the download, resell, slice, lend, trade, breakdown or exploit any portion of the digital downloads without the prior, express, written permission by us and nor can you distribute the download or any part of it in any way that allows a third party to use, download, extract or access any element of it as a standalone file or files, either alone or bundles with other content regardless of any modification you may make to it (by way of example only, you may not modify the content of the digital download and distribute that as of a VJ loop pack or stylize it and rename it and present it as your own product);
      2. 11.5.2.repackage the digital content or any part of them to sell or otherwise distribute as sample packs or otherwise compete with us;
      3. 11.5.3.use the digital content or any part of them as source material to create new sample packs or patches from them;
      4. 11.5.4.use the sounds forming part of the digital content in isolation as sound effect or within any competitive products that are sold or relicensed to third parties;
      5. 11.5.5.use our products for any illegal or unauthorised purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws;
      6. 11.5.6.use the digital content in a pornographic, obscene, defamatory or unlawful manner;
      7. 11.5.7.use the digital download content or any graphic accompanying it for merchandising (for example, screensavers);
      8. 11.5.8.use any artwork accompanying any downloads and, for the avoidance of doubt, this is not on licence to you;
      9. 11.5.9., slice or otherwise breakdown the sounds forming part of the digital download and use sounds in isolation (for example only, you are specifically not authorised to send any part as a stem).
      10. 11.5.10.share the samples with anyone else or otherwise distribute them in whole or part and for the avoidance of doubt that includes being unable to use any site share server and we would inform you that the downloaded digital content is linked to user accounts and is traceable;
      11. 11.5.11.You cannot reference the composers and/or creators of digital content or any part of them for your promotion;
   6. 11.6.redistribute any digital content by any method or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand-alone basis. You may not otherwise transfer the Product to someone else, whether for money, for anything else or for free. If you sell or get rid any device on which the digital content is downloaded or otherwise stored on, you must remove the digital content first.
3. Term
   1. 12.1.The term of this Licence shall be the entire period of copyright and all renewals, revivals and extensions of the same and thereafter in perpetuity, to the extent permitted by law save where you breach the terms of this licence. If you breach any of the terms of this licence we may immediately terminate it in which case you must immediately cease to use, reproduce, modify, display, distribute, possess or otherwise use in any way the digital content and you must immediately delete and removal the digital content from all devices.
4. Licence Fee
   1. 13.1.The fee for this licence is per the subscription model you have chosen to purchase as advertised on our website, charged on a monthly basis unless otherwise agreed by you and us, until the earlier of termination or expiry of this licence. For the avoidance of doubt, if you have had any refund or partial refund this licence was granted in consideration of the download you received and at all times remains subject to the terms of this licence whether you have an on going contract with us or not. 
5. Intellectual Property
   1. 14.1.You do not need to credit either composer of the Works or us in the use of your own new digital content formed.
   2. 14.2.The product, including accompanying documentation, is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. We retain full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in the Source Material/Samples. Any rights not specifically granted herein are reserved by us. Any unauthorised use, distribution or reproduction of any Source Material/Samples shall not be permitted, shall constitute a violation of law, and shall entitle us to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by us which identifies the products, its owner and the terms and conditions for its use. Please note that the digital content has been embedded with a digital watermark specific to the serial number you have been given for this product. If the digital content ends up in other people’s music, you will be held legally responsible, so we ask you to keep this product for yourself. You further agree to take all reasonable steps to protect this product from unauthorised copying or use.
6. Assignment
   1. 15.1.We will be entitled to assign our rights and obligations under this licence to third parties.
   2. 15.2.You may not assign your rights or obligations under this licence to third parties without our prior, express written permission. 
7. Indemnity
   1. 16.1.You shall indemnify and hold us harmless from any and all liability including legal fees arising out of or connected with your exercise of the rights licensed under this licence and any breach by you of the terms or any of them of this licence.
8. Remedies
   1. 17.1.We will have the right to injunct or in any way restrain the exhibition, promotion or exploitation of any film or other piece of work or any of the allied and ancillary rights connected with any film or other piece of work for any cause whatsoever, including without limitation any alleged infringement of moral rights arising under the Copyright, Designs and Patents Act 1988.
   2. 17.2.Each clause and/or paragraph of this licence operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
   3. 17.3.Even if we delay in enforcing any terms and conditions of this licence, we can still enforce it later, if we do no insist that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contact, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9. Governing law and jurisdiction
   1. 18.1.This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
   2. 18.2.The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

You accept the terms of this licence when you purchase one of the subscription models and further accept this licence when you purchase, download, open and/or use any digital content from us at any time.